Andrew Harbaugh, Indv., E-O John Harbaugh Vs. Southwest General, Et Al.

NOTICE FILED BY P1 ANDREW HARBAUGH ATTORNEY ERIC HENRY 0086750 PLAINTIFF'S NOTICE OF SERVING SUPPLEMENTAL RESPONSES TO DEFENDANT TUSHAR SHAH, M.D.'S FIRST SET OF INTERROGATORIES

IN CONNECTION WITH THIS COURT'S PRIOR ORDER, THE CASE MANAGEMENT SCHEDULE IS FURTHER AMENDED AS FOLLOWS: FINAL PRETRIAL SET FOR 04/02/2024 AT 11:00AM. FINAL PRETRIAL STATEMENTS DUE 7 DAYS PRIOR AND SHOULD BE E-MAILED TO THE STAFF ATTORNEY. ALL PARTIES, INCLUDING PARTIES WITH ULTIMATE SETTLEMENT AUTHORITY, ARE REQUIRED TO BE PRESENT, IN PERSON, AT THE FINAL PRETRIAL. TELEPHONE APPEARANCE IS NOT PERMITTED FOR ANY REASON. TRIAL SET FOR 04/29/2024 AT 10:00AM. BACKUP TRIAL DATE SET FOR 05/13/2024 AT 10:00AM. AN AGREED UPON SET OF JURY INSTRUCTIONS, INTERROGATORIES, VERDICT FORMS, AND STATEMENT OF THE CASE TO BE READ TO PROSPECTIVE JURORS ARE DUE 7 DAYS PRIOR TO TRIAL. ANY INSTRUCTIONS THAT THE PARTIES CANNOT AGREE UPON SHALL BE SUBMITTED SEPARATELY. COPIES SHALL BE SUBMITTED IN MICROSOFT WORD FORMAT BY EMAIL TO THE STAFF ATTORNEY. TRIAL BRIEFS, WITNESS LISTS, AND EXHIBIT LISTS ARE DUE 7 DAYS PRIOR TO TRIAL. EXHIBITS SHALL BE LABELED AND MARKED BEFORE TRIAL. COURTESY COPIES OF EXHIBITS TO BE GIVEN TO THE COURT ON THE DAY OF TRIAL. EACH PARTY SHALL INCLUDE AS ONE OF THEIR EXHIBITS THE CURRICULUM VITAE OF ANY EXPERT(S) THAT MAY BE CALLED TO PRESENT EVIDENCE OR TESTIMONY AT TRIAL FOR THE USE OF COURT. ANY PARTY WISHING TO PROFFER DEPOSITION TESTIMONY (VIDEOTAPE AND WRITTEN) AT TRIAL SHALL FILE A LIST OF ALL DEPOSITION TRANSCRIPTS THAT ARE TO BE UTILIZED AT TRIAL AT LEAST FOURTEEN (14) DAYS BEFORE TRIAL. OBJECTIONS TO TESTIMONIAL DEPOSITIONS THAT REQUIRE RULINGS FROM THE COURT SHALL BE SUBMITTED AT LEAST SEVEN (7) DAYS PRIOR TO TRIAL. COUNSEL PROPOSING TO USE SAID DEPOSITION SHALL FILE A RESPONSE TO THE OBJECTIONS OR INDICATE THEIR AGREEMENT TO DELETE THE PORTION OF THE DEPOSITION FOR WHICH THERE IS AN OBJECTION THREE (3) DAYS BEFORE TRIAL. THE COURT MUST BE PROVIDED WITH A COMPLETE WRITTEN TRANSCRIPT OF THE DISPUTED DEPOSITIONS. FAILURE OF ANY PARTY TO SUBMIT OBJECTIONS SHALL RESULT IN WAIVER OF ALL OBJECTIONS. MOTIONS IN LIMINE MUST BE FILED NO LATER THAN 14 DAYS PRIOR TO TRIAL. ANY BRIEFS IN OPPOSITION TO MOTIONS IN LIMINE ARE DUE 7 DAYS PRIOR TO TRIAL. REPLY BRIEFS IN SUPPORT OF MOTIONS IN LIMINE BY LEAVE OF COURT ONLY. UNTIMELY MOTIONS WILL NOT BE CONSIDERED OR ACCEPTED. ALL PARTIES ARE TO NOTE THAT A PERSON WITH ULTIMATE SETTLEMENT AUTHORITY MUST BE PRESENT, IN PERSON, FOR ALL SET DATES. NO EXCEPTIONS AND NO TELEPHONE APPEARANCE PERMITTED FOR ANY REASON. FAILURE TO APPEAR AT ANY SET DATE WILL RESULT IN JUDGMENT BEING RENDERED OR DISMISSAL WITH PREJUDICE PURSUANT TO CIV. R. 41(B) AS WELL AS POSSIBLE SANCTIONS. IT IS SO ORDERED. NOTICE ISSUED

NOTICE FILED BY DEFENDANT(S) SOUTHWEST GENERAL(D1), SOUTHWEST GENERAL HEALTH CENTER(D2), SOUTHWEST GENERAL MEDICAL GROUP, INC.(D3), UNIVERSITY HOSPITALS HEALTH SYSTEM, INC.(D4) and UNIVERSITY HOSPITALS MEDICAL GROUP, INC.(D5) ATTORNEY BRET C PERRY 0073488 NOTICE OF EXPERT IDENTIFICATION ON BEHALF OF DEFENDANTS SOUTHWEST GENERAL, SOUTHWEST GENERAL HEALTH CENTER, SOUTHWEST GENERAL MEDICAL GROUP, INC., UNIVERSITY HOSPITALS HEALTH SYSTEM, INC., AND UNIVERSITY HOSPITALS MEDICAL GROUP, INC.

MOTION FOR SUMMARY JUDGMENT FILED DEFENDANT TUSHAR SHAH, M.D.'S MOTION FOR SUMMARY JUDGMENT

MOTION TO DISMISS FILED DEFENDANT EMERGENCY PROFESSIONAL SERVICES, INC.'S MOTION TO DISMISS

MOTION FILED FOR DEFENDANT(S) SOUTHWEST GENERAL(D1), SOUTHWEST GENERAL HEALTH CENTER(D2), SOUTHWEST GENERAL MEDICAL GROUP, INC.(D3), UNIVERSITY HOSPITALS HEALTH SYSTEM, INC.(D4) and UNIVERSITY HOSPITALS MEDICAL GROUP, INC.(D5) BRET C PERRY 0073488 MOTION TO AMEND EXPERT AND DISPOSITIVE MOTION DEADLINES ON BEHALF OF DEFENDANTS SOUTHWEST GENERAL, SOUTHWEST GENERAL HEALTH CENTER, SOUTHWEST GENERAL MEDICAL GROUP, INC., UNIVERSITY HOSPITALS HEALTH SYSTEM, INC., AND UNIVERSITY HOSPITALS MEDICAL GROUP, INC. 11/22/2023 - GRANTED IN PART

BRIEF IN OPPOSITION FILED BY P1 ANDREW HARBAUGH ERIC HENRY 0086750 PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT SHAH'S MOTION FOR ORAL HEARING ON PENDING MOTIONS

REPLY BRIEF FILED BY D7 TUSHAR SHAH ERIN SIEBENHAR HESS 0074007 DEFENDANT TUSHAR SHAH, M.D.'S REPLY IN SUPPORT OF HIS MOTION FOR AMENDMENT OF EXPERT AND DISPOSITIVE MOTION DEADLINE

BRIEF IN OPPOSITION FILED BY P1 ANDREW HARBAUGH ERIC HENRY 0086750 PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANTS SOUTHWEST GENERAL, SOUTHWEST GENERAL HEALTH CENTER, SOUTHWEST GENERAL MEDICAL GROUP, INC., UNIVERSITY HOSPITALS HEALTH SYSTEM, INC., AND UNIVERSITY HOSPITALS MEDICAL GROUP, INC.'S MOTION FOR AMENDMENT OF EXPERT AND DISPOSITIVE MOTION DEADLINES

MOTION TO DISMISS FILED MOTION TO DISMISS ON BEHALF OF SOUTHWEST GENERAL HEALTH CENTER, SOUTHWEST GENERAL MEDICAL GROUP, INC., UNIVERSITY HOSPITALS HEALTH SYSTEM, INC., AND UNIVERSITY HOSPITALS MEDICAL GROUP, INC.

MOTION FOR SUMMARY JUDGMENT FILED MOTION FOR SUMMARY JUDGMENT ON BEHALF OF DEFENDANTS SOUTHWEST GENERAL, SOUTHWEST GENERAL HEALTH CENTER, SOUTHWEST GENERAL MEDICAL GROUP, INC., UNIVERSITY HOSPITALS HEALTH SYSTEM, INC., AND UNIVERSITY HOSPITALS MEDICAL GROUP, INC.

DEFENDANTS' MOTIONS TO AMEND EXPERT AND DISPOSITIVE MOTION DEADLINES FILED BY DEFENDANTS ON 10/26/2023 AND 10/27/2023, ARE GRANTED IN PART. THE CASE MANAGEMENT SCHEDULE IS AMENDED AS FOLLOWS: REBUTTAL EXPERT REPORT(S) DUE 01/12/24. DISPOSITIVE MOTIONS DUE BY 01/26/24. RESPONSES AND REPLIES DUE BY RULE. FNAL PRETRIAL AND TRIAL DATE TO BE RESET BY SEPARATE ORDER. DEFENDANT TUSHAR SHAH, M.D.'S MOTION FOR ORAL HEARING ON PENDING MOTIONS, FILED 11/16/2023 IS HELD IN ABEYANCE PENDING COMPLETION OF BRIEFING ON THE MOTIONS TO DISMISS. IT IS SO ORDERED. NOTICE ISSUED

NOTICE FILED BY D7 TUSHAR SHAH ATTORNEY ERIN SIEBENHAR HESS 0074007 DEFENDANT TUSHAR SHAH, M.D.'S AMENDED NOTICE OF IDENTIFICATION OF EXPERTS AND PRODUCTION OF REPORTS (MOTION FOR EXTENSION STILL PENDING)

BRIEF IN OPPOSITION FILED BY P1 ANDREW HARBAUGH ERIC HENRY 0086750 PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT DR. TUSHAR SHAH'S MOTION FOR AMENDMENT OF EXPERT AND DISPOSITIVE MOTION DEADLINES

NOTICE FILED BY D7 TUSHAR SHAH ATTORNEY ERIN SIEBENHAR HESS 0074007 DEFENDANT TUSHAR SHAH, M.D.'S NOTICE OF SUPPLEMENTAL PRODUCTION OF EXPERT REPORTS (MOTION FOR EXTENSION STILL PENDING)

MOTION FILED FOR D7 TUSHAR SHAH ERIN SIEBENHAR HESS 0074007 DEFENDANT TUSHAR SHAH, M.D.'S MOTION FOR ORAL HEARING ON PENDING MOTIONS 11/22/2023 - HELD IN ABEYANCE

BRIEF IN OPPOSITION FILED BY P1 ANDREW HARBAUGH ERIC HENRY 0086750 PLAINTIFF'S COMBINED BRIEF IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS FOR SPOLIATION

NOTICE FILED BY D7 TUSHAR SHAH ATTORNEY ERIN SIEBENHAR HESS 0074007 DEFENDANT TUSHAR SHAH, M.D.'S NOTICE OF IDENTIFICATION OF EXPERTS AND PRODUCTION OF REPORTS (MOTION FOR EXTENSION STILL PENDING)

NOTICE OF TRANSCRIPT FILED D6 EMERGENCY PROFESSIONAL SERVICES, INC., MALORIE A ALVERSON 0089279 NOTICE OF FILING DEPOSITION TRANSCRIPT OF TUSHAR K. SHAH, M.D.

MOTION TO DISMISS FILED DEFENDANT TUSHAR SHAH, M.D.'S MOTION TO DISMISS FOR SPOLIATION

MOTION FILED FOR D7 TUSHAR SHAH ERIN SIEBENHAR HESS 0074007 DEFENDANT TUSHAR SHAH, M.D.'S MOTION FOR AMENDMENT OF EXPERT AND DISPOSITIVE MOTION DEADLINES 11/22/2023 - GRANTED IN PART

MOTION FOR SUMMARY JUDGMENT FILED DEFENDANT EMERGENCY PROFESSIONAL SERVICES, INC.'S MOTION FOR SUMMARY JUDGMENT

MOTION FILED FOR P1 ANDREW HARBAUGH ERIC HENRY 0086750 PLAINTIFFS' MOTION FOR CASE MANAGEMENT CONFERENCE TO ADDRESS CASE SCHEDULE 06/13/2023 - GRANTED

BRIEF IN OPPOSITION FILED BY BRET C PERRY 0073488 BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO FILE AFFIDAVIT OF MERIT AND RENEWED MOTION TO DISMISS ON BEHALF OF NEW PARTY DEFENDANT JULIE ALJABI RN

NOTICE OF DEPOSITION OF P1 ANDREW HARBAUGH FILED PLAINTIFF'S AMENDED NOTICE OF DEPOSITION OF DEFENDANT JULIE ALJABI

THIS MATTER IS BEFORE THE COURT ON THE PARTIES' ONGOING DISCOVERY DISPUTE. THIS MEDICAL MALPRACTICE ACTION WAS FILED ON 02/10/23 AND A CASE SCHEDULE WAS SET ON 04/13/23. ON 06/12/23, PLAINTIFF FILED A MOTION FOR CMC TO ADDRESS CASE SCHEDULE. ALL PARTIES STIPULATED TO THE MOTION ONLY TO THE EXTENT THE PARTIES SOUGHT TO EXTEND THE DISCOVERY DEADLINE. PLAINTIFF INDICATED THAT THE BASIS OF THE MOTION WAS DEFENDANTS' FAILURE TO RESPOND TO WRITTEN DISCOVERY AND FAILURE TO SCHEDULE DEPOSITIONS. THE COURT CONDUCTED A STATUS CONFERENCE ON 06/21/23 AND RESET THE CASE SCHEDULE. ON 07/13/23, PLAINTIFF UNILATERALLY NOTICED THE DEPOSITIONS OF DEFENDANT SHAH AND DEFENDANT ALJABI FOR 07/27/23 AND 07/28/23, RESPECTIVELY. AT PLAINTIFF'S REQUEST, THE COURT CONDUCTED A SECOND STATUS CONFERENCE ON 07/19/23. DURING THE STATUS CONFERENCE THE PARTIES' DISCUSSED THEIR EFFORTS TO SET DEPOSITIONS AND THEIR SCHEDULES. PLAINTIFF ALSO INFORMED THE COURT OF HIS ATTEMPTS TO MEET AND CONFER WITH COUNSEL REGARDING DR. SHAH'S OBJECTIONS TO PLAINTIFF'S DISCOVERY AND FAILURE TO PRODUCE A COPY OF HIS INSURANCE POLICY. THE COURT ORDERED THE PARTIES TO MEET AND CONFER REGARDING THE INSURANCE POLICY AND ANY PRIVILEGE LOG OR PRIVILEGED DOCUMENTS. THE COURT ALSO ORDERED COUNSEL TO PROVIDE THEIR AVAILABILITY FOR DEPOSITION AND THE AVAILABILITY OF THEIR WITNESSES BY 07/24/23. ON 07/21/23, THE HOSPITAL DEFENDANTS NOTICED THE DEPOSITION OF DR. SHAH FOR 08/24/23 AT 10:00AM AND DEFENDANT SHAH NOTICED THE DEPOSITION OF DEFENDANT ALJABI FOR 08/24/23 AT 2:00PM. THE NOTICES OF DEPOSITIONS WERE FILED WITHIN AN HOUR OF EACH OTHER. COUNSEL FOR THE PLAINTIFF CONTACTED THE COURT ON 07/24/23 REGARDING THE INSURANCE POLICIES AND THE MANNER IN WHICH THE DEPOSITIONS WERE NOTICED. THE PARTIES' DISCUSSED THEIR RESPECTIVE POSITIONS BY EMAIL AND PROVIDED ADDITIONAL AVAILABILITY FOR DEPOSITIONS. THE COURT CONDUCTED A THIRD STATUS CONFERENCE ON 08/10/23. THE FIRST ISSUE DISCUSSED DURING THE STATUS CONFERENCE WAS PLAINTIFF'S REQUEST FOR PRODUCTION OF THE DEFENDANTS' INSURANCE POLICIES. DEFENDANT SHAH PRODUCED A COPY OF HIS CERTIFICATE OF LIABILITY INSURANCE PRIOR TO THE STATUS CONFERENCE. THE HOSPITAL DEFENDANTS AND DEFENDANT ALJABI PRODUCED A COPY OF THE DECLARATIONS PAGE DURING THE STATUS CONFERENCE. BOTH DOCUMENTS IDENTIFY THE AMOUNT OF COVERAGE AND THE INSURER. PLAINTIFF CLAIMS THAT HE IS ENTITLED TO THE FULL INSURANCE CONTRACTS TO DETERMINE WHETHER THE INDIVIDUAL DEFENDANTS ARE COVERED AND WHETHER THE POLICIES ARE WASTING POLICIES. PLAINTIFF CLAIMS THAT ANY CONSENT OR EXCLUSION CLAUSES MAY BEAR ON HIS LITIGATION STRATEGY. DEFENDANTS ARGUE THAT PLAINTIFF IS NOT ENTITLED TO THE CONTRACTS, ASSERTING THAT THEY ARE PRIVILEGED, CONFIDENTIAL, AND PROPRIETARY IN NATURE. DEFENDANTS ALSO ARGUE THAT EVEN SUBMITTING THE CONTRACTS TO THE COURT FOR AN IN CAMERA REVIEW INVOKES APPELLATE AND PROCEDURAL ISSUES. THE PARTIES THEN DISCUSSED THE NOTICES OF DEPOSITION FOR DEFENDANTS SHAH AND ALJABI. PLAINTIFF ARGUES THAT HE FIRST NOTICED THE DEPOSITIONS IN JULY AFTER SEVERAL ATTEMPTS TO SCHEDULE THE DEPOSITIONS. PLAINTIFF STATES THAT PURSUANT TO THIS COURT'S ORDER, THE PARTIES DISCUSSED THEIR AVAILABILITY AND UPON CONFIRMING A DEPOSITION DATE FOR DEFENDANT SHAH, COUNSEL FOR DEFENDANT SHAH NOTICED DEFENDANT ALJABI'S DEPOSITION. PLAINTIFF ALSO STATES THAT DEFENSE COUNSEL IS TAKING THE POSITION THAT THEY SHOULD LEAD DEFENDANT ALJABI'S DEPOSITION. PLAINTIFF NOTICED THE DEPOSITIONS FOR SEPARATE DATES BECAUSE THEY ARE CRITICAL TO HIS CASE AND HE NEEDS ADEQUATE TIME TO PREPARE BETWEEN THE DEPOSITIONS. DEFENDANT ALJABI ARGUES THAT SHE IS AVAILABLE ON THE DATE OF DEFENDANT SHAH'S DEPOSITION AND WILL BE PRESENT AS SHE IS A NAMED DEFENDANT. THEREFORE, THERE IS NO REASON WHY HER DEPOSITION CANNOT PROCEED ON THAT DATE. DEFENDANT SHAH ADDED THAT PART OF THE REASON HE NOTICED DEFENDANT ALJABI'S DEPOSITION WAS DUE TO "BACK AND FORTH ABOUT THE LOCATION OF THE DEPOSITION." THE REMAINING DISPUTE REGARDING DEFENDANTS' WRITTEN RESPONSES TO PLAINTIFF'S DISCOVERY WERE RESOLVED PRIOR TO THE STATUS CONFERENCE. THE PARTIES DID INDICATE THAT THERE IS A SECOND SET OF DISCOVERY PENDING AND THAT THE RESPONSES ARE NOT YET DUE. IT IS ORDERED, ADJUDGED, AND DECREED THAT THE DEPOSITION OF DEFENDANT SHAH SHALL PROCEED ON 08/24/23 COMMENCING AT 10:00AM AT THE OFFICES OF REMINGER, CO., LPA, AS NOTICED. THE DEPOSITION OF DEFENDANT ALJABI SHALL PROCEED ON 08/28/23 COMMENCING AT 10:00AM AT THE SHEFFIELD OFFICE OF BONEZZI SWITZER POLITO & PERRY CO. LPA. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED THAT WITHIN 14 DAYS OF THIS ORDER, DEFENDANTS SHALL SUPPLEMENT THEIR WRITTEN DISCOVERY RESPONSES TO STATE WHETHER THEIR RESPECTIVE INSURANCE POLICIES CONTAIN ANY ERODING LIMIT PROVISIONS OR WASTING POLICY LIMITS. IN ISSUING THIS ORDER, THE COURT FINDS THAT PLAINTIFF IS NOT ENTITLED TO PRODUCTION OF THE INSURANCE POLICIES. THE COURT UNDERSTANDS THAT DISCLOSURE OF INSURANCE POLICIES ENABLES THE PARTIES TO APPRAISE THE CASE AND DEVELOP THEIR LITIGATION STRATEGY. HOWEVER, THE DEFENDANTS HAVE PROVIDED INFORMATION RELEVANT TO THE EXISTENCE OF THE POLICIES AND THEIR LIMITS TO SATISFY, INDEMNIFY, OR REIMBURSE A JUDGMENT THAT MAY BE RENDERED IN THIS ACTION. THIS INFORMATION, ALONG WITH ANY SUPPLEMENT REGARDING ERODING LIMIT PROVISIONS OR WASTING POLICY LIMITS, FULLY ALLOWS THE PARTIES TO APPRAISE THIS CASE FOR SETTLEMENT PURPOSES AND DEVELOP THEIR LITIGATION STRATEGY. ANY FAILURE TO COMPLY WITH ANY PART OF THIS ORDER WILL BE APPROPRIATELY SANCTIONED PURSUANT TO CIV.R. 37, AND MAY RESULT IN THE IMPOSITION OF ANY ONE OR MORE OF THE SANCTIONS, UP TO AND INCLUDING EVIDENTIARY AND DISPOSITIVE SANCTIONS, ENUMERATED UNDER CIV.R. 37(B)(1)(A) THROUGH (G). NOTICE ISSUED. NOTICE ISSUED

NOTICE OF CHANGE OF ADDRESS FILED D7 TUSHAR SHAH, MD, ERIN SIEBENHAR HESS 0074007 DEFENDANT TUSHAR SHAH, M.D.'S NOTICE OF CHANGE OF ADDRESS

NOTICE FILED BY D7 TUSHAR SHAH, MD ATTORNEY ERIN SIEBENHAR HESS 0074007 NOTICE OF SERVICE OF INITIAL DISCLOSURES PURSUANT TO CIVIL RULE 26(B)(3)

ANSWER FILED BY D6 EMERGENCY PROFESSIONAL SERVICES, INC. ATTORNEY MALORIE A ALVERSON 0089279 ANSWER OF DEFENDANT EMERGENCY PROFESSIONAL SERVICES, INC. TO PLAINTIFF'S FIRST AMENDED COMPLAINT - JURY DEMAND ENDORSED HEREON

ANSWER FILED BY D6 EMERGENCY PROFESSIONAL SERVICES, INC. ATTORNEY MALORIE A ALVERSON 0089279 ANSWER OF DEFENDANT EMERGENCY PROFESSIONAL SERVICES, INC. TO PLAINTIFF ANDREW HARBAUGH, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF JOHN HARBAUGH'S COMPLAINT (JURY DEMAND ENDORSED HEREON)

NOTICE FILED BY DEFENDANT(S) SOUTHWEST GENERAL(D1), SOUTHWEST GENERAL HEALTH CENTER(D2), SOUTHWEST GENERAL MEDICAL GROUP, INC.(D3), UNIVERSITY HOSPITALS HEALTH SYSTEM, INC.(D4) and UNIVERSITY HOSPITALS MEDICAL GROUP, INC.(D5) ATTORNEY BRET C PERRY 0073488 NOTICE OF SERVICE OF INITIAL DISCLOSURES PURSUANT TO CIVIL RULE 26(B)(3) ON BEHALF OF DEFENDANTS, SOUTHWEST GENERAL, SOUTHWEST GENERAL HEALTH CENTER, SOUTHWEST GENERAL MEDICAL GROUP, INC., UNIVERSITY HOSPITALS HEALTH SYSTEM, INC. AND UNIVERSITY HOSPITALS MEDICAL GROUP, INC.

MOTION FILED FOR P1 ANDREW HARBAUGH ERIC HENRY 0086750 PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AFFIDAVIT OF MERIT AS TO DEFENDANT JULIE ALJABI, RN 07/18/2023 - GRANTED

CASE MGMNT CONFERENCE SET FOR 04/12/2023 AT 01:30 PM. COUNSEL FOR PLAINTIFF(S) SHALL INFORM ALL OPPOSING COUNSEL AND/OR PRO SE PARTIES, IN WRITING, OF THIS DATE AND TIME. LEAD COUNSEL FOR ALL PARTIES ARE REQUIRED TO BE PRESENT IN PERSON AND TO BE FAMILIAR WITH THE UNDERLYING FACTS OF THE CASE. PARTIES NOT REPRESENTED BY COUNSEL SHALL LIKEWISE BE PRESENT IN PERSON. FAILURE OF ANY KIND OF THE AFOREMENTIONED PERSONS TO APPEAR AT THIS PROPERLY SCHEDULED CASE MANAGEMENT CONFERENCE MAY RESULT IN SANCTIONS INCLUDING DISMISSAL OF THE CASE AND/OR JUDGMENT BEING RENDERED. DISCOVERY IS TO START IMMEDIATELY. PARTIES TO BE READY WITH DEMAND AND OFFER OF SETTLEMENT. CASE MANAGEMENT CONFERENCES ARE CONDUCTED IN PERSON; TELEPHONE ATTENDANCE IS NOT PERMITTED FOR ANY REASON. DO NOT CALL THE COURT REQUESTING TELEPHONE APPEARANCE. NOTICE ISSUED. NOTICE ISSUED

MOTION TO DISMISS FILED MOTION TO DISMISS COUNT ONE OF PLAINTIFF'S AMENDED COMPLAINT ON BEHALF OF NEW PARTY DEFENDANT JULIE ALJABI RN 08/21/2023 - GRANTED

STATUS CONFERENCE HELD 09/29/23. ALL PARTIES PRESENT TO DISCUSS DEFENDANT TUSHAR SHAH M.D.'S MOTION FOR LEAVE TO PROPOUND MORE THAN FORTY INTERROGATORIES, INSTANTER. FOR CAUSE, AND OVER PLAINTIFF'S OBJECTION, THE COURT GRANTS DEFENDANT'S MOTION. CIV.R. 33(A) PROVIDES, IN PART: "UPON MOTION, AND FOR GOOD CAUSE SHOWN, THE COURT MAY EXTEND THE NUMBER OF INTERROGATORIES THAT A PARTY MAY SERVE UPON ANOTHER PARTY. FOR PURPOSES OF THIS RULE, ANY SUBPART PROPOUNDED UNDER AN INTERROGATORY SHALL BE CONSIDERED A SEPARATE INTERROGATORY." "IT IS THEN WITHIN THE TRIAL COURT'S DISCRETION TO GRANT LEAVE TO SERVE ADDITIONAL INTERROGATORIES." CHINNOCK V. RENAISSANCE CTR., 2015-OHIO-768, P23, 2015 OHIO APP. LEXIS 729, *11, 2015 WL 930177. ON APRIL 14, 2023, DEFENDANT SERVED UPON PLAINTIFF 45 INTERROGATORIES, 9 OF WHICH CONTAIN SUBPARTS. THE INTERROGATORIES SEEK INFORMATION RELATING TO DECEDENT, INCLUDING IDENTIFYING INFORMATION, WAGE AND INCOME INFORMATION, EMPLOYMENT HISTORY, MEDICAL HISTORY, AND INFORMATION RELATED TO PLAINTIFF'S DAMAGES, CLAIMS, AND EXPERT WITNESSES, IF ANY. PLAINTIFF RESPONDED IN PART, ANSWERING ONLY INTERROGATORY NOS. 1-22. PLAINTIFF OBJECTED TO THE REMAINING INTERROGATORIES, ASSERTING THAT DEFENDANT EXCEEDED THE NUMBER OF INTERROGATORIES PERMITTED UNDER CIV.R. 33. PLAINTIFF FURTHER OBJECTS DUE TO TIMELINESS. UPON REVIEW, THE COURT FINDS THAT THE INTERROGATORIES ARE RELEVANT TO DISCOVERY ON PLAINTIFF'S CLAIMS AND DEFENDANT'S DEFENSES. THE COURT ALSO FINDS, DUE TO THE NATURE OF THIS CASE AND THE EXTENSIVE MEDICAL INFORMATION ASSOCIATED WITH THIS CASE, THAT THE INTERROGATORIES ARE FIT FOR DISCOVERY. THE COURT NOTES THAT THE INTERROGATORIES DO NOT APPEAR TO BE EXCESSIVE IN SCOPE. BY WAY OF EXAMPLE, INTERROGATORY NO. 1 CONTAINS 9 SUBPARTS WHICH ASK DECEDENT'S NAME, ADDRESSES, DATE OF BIRTH, PLACE OF BIRTH, SOCIAL SECURITY NUMBER, DATE OF DEATH, PLATE OF DEATH, MARITAL STATUS AT TIME OF DEATH, AND CELLULAR PHONE INFORMATION. ACCORDINGLY, DEFENDANT HAS SHOWN GOOD CAUSE EXISTS TO SEEK ADDITIONAL INTERROGATORY ANSWERS. IT IS ORDERED, ADJUDGED, AND DECREED THAT PLAINTIFF SHALL RESPOND WITHIN 21 DAYS OF THIS ORDER TO THE UNANSWERED INTERROGATORIES PROPOUNDED BY DEFENDANT AND ATTACHED TO DEFENDANT'S MOTION FOR LEAVE. IT IS SO ORDERED. NOTICE ISSUED

STATUS CONFERENCE ON DEFENDANT TUSHAR SHAH M.D.'S MOTION FOR LEAVE TO PROPOUND MORE THAN FORTY INTERROGATORIES, INSTANTER, SET FOR 09/29/23 AT 10:00AM. ALL PARTIES ARE TO CALL THE CONFERENCE CALL NUMBER 1-720-708-1090 AND ENTER ACCESS CODE 7235579# AT THE SCHEDULED DATE AND TIME. NOTICE ISSUED. NOTICE ISSUED

NOTICE FILED BY P1 ANDREW HARBAUGH ATTORNEY ERIC HENRY 0086750 PLAINTIFFS' NOTICE OF WAIVER OF SERVICE BY DEFENDANT TUSHAR SHAH, M.D.

STATUS CONFERENCE HELD 06/21/23. ALL PARTIES PRESENT THROUGH COUNSEL. PARTIES DISCUSSED CASE MANAGEMENT SCHEDULE, PENDING MOTIONS, AND STATUS OF DISCOVERY. DISCOVERY ONGOING, PARTIES WORKING TOGETHER TO SCHEDULE DEPOSITIONS. FOR CAUSE AND WITH THE PARTIES' AGREEMENT, THE CASE MANAGEMENT SCHEDULE IS AMENDED AS FOLLOWS: STATUS CONFERENCE SET FOR 07/19/23 AT 8:30AM. ALL PARTIES ARE TO CALL THE CONFERENCE CALL NUMBER 1-720-708-1090 AND ENTER ACCESS CODE 7235579# AT THE SCHEDULED DATE AND TIME. ALL PAPER DISCOVERY TO BE COMPLETED BY 09/11/23. AFFIRMATIVE EXPERT REPORT(S) DUE 10/02/23. REBUTTAL EXPERT REPORT(S) DUE 11/13/23. DISPOSITIVE MOTIONS DUE BY 11/27/23. RESPONSES AND REPLIES DUE BY RULE. FINAL PRETRIAL SET FOR 02/06/24 AT 10:00AM WITH A BACKUP FINAL PRETRIAL SET FOR 02/12/24 AT 10:00AM. PARTIES SHALL CONFER REGARDING THEIR AVAILABILITY FOR THE FINAL PRETRIAL AND NOTIFY THE STAFF ATTORNEY OF THEIR PREFERRED DATE BY 01/31/24. FINAL PRETRIAL STATEMENTS DUE 7 DAYS PRIOR. FPT STATEMENTS SHOULD BE E-MAILED TO THE STAFF ATTORNEY AT ILOVING@CUYAHOGACOUNTY.US. ALL PARTIES ARE TO BE PRESENT, IN PERSON, AT THE FINAL PRETRIAL. ALL PARTIES WITH ULTIMATE SETTLEMENT AUTHORITY MUST BE PRESENT, IN PERSON. TELEPHONE APPEARANCE IS NOT PERMITTED FOR ANY REASON. TRIAL DATE REMAINS AS SET. NO FURTHER CONTINUANCES ABSENT EXIGENT CIRCUMSTANCES. PARTIES ARE REMINDED THAT THEY ARE TO WORK COLLABORATIVELY IN RESOLVING ALL DISCOVERY DISPUTES PRIOR TO REQUESTING COURT INTERVENTION. THE PARTIES SHALL MEET AND CONFER REGARDING ALL DISCOVERY DISPUTES. IF AFTER THE PARTIES MEET AND CONFER AND ARE UNABLE TO RESOLVE DISCOVERY DISPUTES, PARTIES SHALL EMAIL THE STAFF ATTORNEY AT ILOVING@CUYAHOGACOUNTY.US PRIOR TO FILING ANY DISCOVERY RELATED MOTION(S), INCLUDING ANY MOTION(S) TO COMPEL. FAILURE TO MEET AND CONFER AND/OR FAILURE TO CONTACT THE STAFF ATTORNEY PRIOR TO FILING A DISCOVERY MOTION WILL RESULT IN DENIAL OF SAME. IT IS SO ORDERED. NOTICE ISSUED

NOTICE FILED BY P1 ANDREW HARBAUGH ATTORNEY ERIC HENRY 0086750 PLAINTIFF'S NOTICE OF DISMISSAL WITHOUT PREJUDICE OF DEFENDANT JULIE ALJABI, RN

PURSUANT TO THE NOTICE OF WITHDRAWAL FILED 06/19/23, THE CLERK IS DIRECTED TO REMOVE ATTORNEY ELENA M. GUTBROD AS COUNSEL OF RECORD FOR DEFENDANTS SOUTHWEST GENERAL, SOUTHWEST GENERAL HEALTH CENTER, SOUTHWEST GENERAL MEDICAL GROUP, INC., UNIVERSITY HOSPITALS HEALTH SYSTEM, INC., UNIVERSITY HOSPITALS MEDICAL GROUP, INC. AND JULIE ALJABI, R.N.. ATTORNEY CHRISTOPHER F. MARS ENTERS HIS APPEARANCE AS ADDITIONAL COUNSEL FOR DEFENDANTS. ATTORNEY BRET C. PERRY REMAINS AS COUNSEL OF RECORD FOR THESE DEFENDANTS. THE CLERK IS DIRECTED TO CONTINUE TO SEND ALL NOTICES, PLEADINGS, AND OTHER MATTERS TO THEIR ATTENTION AND REMOVE ELENA M. GUTBROD FROM THE SAME FUTURE COMMUNICATION. IT IS SO ORDERED. NOTICE ISSUED

PLAINTIFF'S MOTION TO STAY RESPONSE TO DEFENDANT JULIE ALJABI, RN'S MOTION TO DISMISS PENDING RULING ON MOTION FOR LEAVE, FILED 06/21/2023, IS UNOPPOSED AND GRANTED. IT IS SO ORDERED. NOTICE ISSUED

NOTICE OF DEPOSITION OF P1 ANDREW HARBAUGH FILED PLAINTIFF'S NOTICE OF DISMISSAL WITHOUT PREJUDICE OF DEFENDANT JULIE ALJABI, RN

BRIEF IN OPPOSITION FILED BY P1 ANDREW HARBAUGH ERIC HENRY 0086750 PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT JULIE ALJABI, RN'S MOTION TO DISMISS COUNT ONE OF PLAINTIFF'S AMENDED COMPLAINT AS TO NEW PARTY DEFENDANT, JULIE ALJABI, RN

ANSWER FILED BY D7 TUSHAR SHAH, MD ATTORNEY ERIN SIEBENHAR HESS 0074007 ANSWER OF DEFENDANT TUSHAR SHAH, M.D. TO PLAINTIFF'S COMPLAINT

STATUS CONFERENCE SET FOR 06/21/2023 AT 03:15 PM. ALL PARTIES ARE TO CALL THE CONFERENCE CALL NUMBER 1-720-708-1090 AND ENTER ACCESS CODE 7235579# AT THE SCHEDULED DATE AND TIME. NOTICE ISSUED. NOTICE ISSUED

PLAINTIFFS' MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT, INSTANTER, FILED 05/17/2023, IS UNOPPOSED AND GRANTED. PLAINTIFFS SHALL FILE THE AMENDED COMPLAINT WITHIN 7 DAYS OF THIS ORDER. DEFENDANTS SHALL RESPOND TO THE AMENDED COMPLAINT 14 DAYS AFTER. PLAINTIFFS SHALL PERFECT SERVICE UPON ANY NEWLY ADDED PARTIES IN ACCORDANCE WITH THE OHIO RULES OF CIVIL PROCEDURE. IT IS SO ORDERED. NOTICE ISSUED

MOTION FILED FOR P1 ANDREW HARBAUGH ERIC HENRY 0086750 PLAINTIFF'S MOTION TO STAY RESPONSE TO DEFENDANT JULIE ALJABI, RN'S MOTION TO DISMISS PENDING RULING ON MOTION FOR LEAVE 07/11/2023 - UNOPPOSED AND GRANTED

NOTICE OF APPEARANCE, FILED D7 TUSHAR SHAH, MD ERIN SIEBENHAR HESS 0074007. NOTICE OF APPEARANCE ON BEHALF OF TUSHAR SHAH, M.D.

ANSWER FILED BY D7 TUSHAR SHAH, MD ATTORNEY ERIN SIEBENHAR HESS 0074007 ANSWER OF DEFENDANT TUSHAR SHAH, M.D. TO PLAINTIFF'S FIRST AMENDED COMPLAINT

PLAINTIFF'S "MOTION TO STRIKE DEFENDANT ALJABI'S REPLY IN SUPPORT OF HER MOTION TO DISMISS," FILED 08/10/23, IS GRANTED. CIV.R. 6(C)(1) PROVIDES FOR SERVICE OF REPLY TO A RESPONSE WITHIN SEVEN DAYS AFTER SERVICE OF THE RESPONSE. PLAINTIFF FILED HIS RESPONSE TO DEFENDANT'S MOTION TO DISMISS ON 08/02/23. ACCORDINGLY, DEFENDANT'S REPLY, IF ANY, WAS DUE 08/09/23. DEFENDANT FILED HER REPLY ON 08/10/23. UNDER CIV.R. 6(C)(1), DEFENDANT'S REPLY WAS UNTIMELY. CIV.R. 6(B) PROVIDES "THE COURT FOR CAUSE SHOWN MAY AT ANY TIME IN ITS DISCRETION (1) WITH OR WITHOUT MOTION OR NOTICE ORDER THE PERIOD ENLARGED IF REQUEST THEREFOR IS MADE BEFORE THE EXPIRATION OF THE PERIOD ORIGINALLY PRESCRIBED OR AS EXTENDED BY A PREVIOUS ORDER, OR (2) UPON MOTION MADE AFTER THE EXPIRATION OF THE SPECIFIED PERIOD PERMIT THE ACT TO BE DONE WHERE THE FAILURE TO ACT WAS THE RESULT OF EXCUSABLE NEGLECT." NEITHER OF THESE CIRCUMSTANCES ARE PRESENT IN THE INSTANT CASE. SEE CLEVELAND STATE UNIV. V. WOODS, 2010-OHIO-5144, 2010 OHIO APP. LEXIS 4326, 2010 WL 4181475. ACCORDINGLY, THE COURT FINDS PLAINTIFF'S MOTION TO STRIKE WELL-TAKEN. IT IS SO ORDERED. CLERK IS ORDERED TO STRIKE THE FOLLOWING: "REPLY IN SUPPORT OF MOTION TO DISMISS ON BEHALF OF DEFEJDANT JULIE ALJABI, RN," FILED 08/10/23. NOTICE ISSUED

REPLY BRIEF FILED BY D8 JULIE ALJABI BRET C PERRY 0073488 REPLY IN SUPPORT OF NEW PARTY DEFENDANT'S MOTION TO DISMISS COUNT ONE OF PLAINTIFF'S AMENDED COMPLAINT ON BEHALF OF NEW PARTY DEFENDANT JULIE ALJABI RN

OPINION AND ORDER ON THE MOTIONS TO DISMISS FILED BY DEFENDANT JULIA ALJABI, RN. OSJ. PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES, THE METHOD OF SERVICE, AND THE COSTS ASSOCIATED WITH THIS SERVICE. NOTICE ISSUED

NOTICE FILED BY P1 ANDREW HARBAUGH ATTORNEY ERIC HENRY 0086750 PLAINTIFF'S NOTICE OF ISSUANCE OF SUBPOENA

NOTICE FILED BY D8 JULIE ALJABI ATTORNEY BRET C PERRY 0073488 NOTICE OF DEMAND FOR DISMISSAL ON BEHALF OF JULIE ALJABI RN

MOTION FILED FOR D7 TUSHAR SHAH ERIN SIEBENHAR HESS 0074007 DEFENDANT TUSHAR SHAH, M.D.'S MOTION FOR LEAVE TO PROPOUND MORE THAN FORTY (40) INTERROGATORIES, INSTANTER 10/03/2023 - GRANTED

STATUS CONFERENCE SET FOR 08/10/23 AT 11:30AM. ALL PARTIES ARE TO CALL THE CONFERENCE CALL NUMBER 1-720-708-1090 AND ENTER ACCESS CODE 7235579# AT THE SCHEDULED DATE AND TIME. THE PURPOSE OF THE STATUS CONFERENCE IS TO DISCUSS THE PARTIES' DISCOVERY DISPUTE, INITIALLY BROUGHT TO THE COURT'S ATTENTION ON 06/12/23. STATUS CONFERENCES WERE HELD 06/21/23 AND 07/19/23. PURSUANT TO THE COURT'S DIRECTIVE, COUNSEL FOR THE PLAINTIFF CONTACTED THE STAFF ATTORNEY REGARDING THE PARTIES' ONGOING DISPUTE REGARDING (1) THE DEPOSITIONS OF DEFENDANT SHAH AND DEFENDANT ALJABI; AND (2) REQUESTS FOR PRODUCTION OF DOCUMENTS RELATING TO DEFENDANTS' INSURANCE POLICIES. PRIOR TO CONTACTING THE COURT, COUNSEL FOR PLAINTIFF ATTEMPTED TO MEET AND CONFER TO RESOLVE THE ISSUES WITHOUT THE COURT'S INTERVENTION. THE PARTIES WERE UNABLE TO COME TO AN AGREEMENT AND NOW SEEK COURT INVOLVEMENT. THE COURT HAS CORRESPONDED WITH THE PARTIES FOR WEEKS IN AN EFFORT TO SCHEDULE AN IN-PERSON STATUS CONFERENCE. DUE TO THE PARTIES' SCHEDULES, THIS ATTEMPT HAS BEEN UNSUCCESSFUL. ACCORDINGLY AND DUE TO TIME CONSTRAINTS, THE STATUS CONFERENCE WILL BE CONDUCTED BY TELEPHONE. HOWEVER, SHOULD THE COURT DETERMINE THAT AN IN-PERSON CONFERENCE IS NECESSARY, IT WILL UNILATERALLY SET A DATE AND EXPECT ALL PARTIES TO APPEAR IN PERSON WITHOUT FURTHER NOTICE. FAILURE TO APPEAR AT ANY PROPERLY SCHEDULED COURT DATE WILL RESULT IN SANCTIONS, INCLUDING ANY SANCTIONS AUTHORIZED UNDER CIV.R. 37. FAILURE TO COMPLY WITH ANY COURT ORDER WILL RESULT IN SANCTIONS, INCLUDING ANY SANCTIONS AUTHORIZED UNDER CIV.R. 37, CIV.R.11, AND R.C. 2705.02. NOTICE ISSUED. NOTICE ISSUED

STATUS CONFERENCE HELD 08/10/23. ALL PARTIES PRESENT TO DISCUSS ONGOING DISCOVERY DISPUTE. ORDER TO FOLLOW. NOTICE ISSUED. NOTICE ISSUED

MOTION FILED FOR P1 ANDREW HARBAUGH ERIC HENRY 0086750 PLAINTIFFS' MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT, INSTANTER 05/31/2023 - UNOPPOSED AND GRANTED

MOTION TO DISMISS FILED MOTION TO DISMISS ON BEHALF OF NEW PARTY DEFENDANT JULIE ALJABI RN 07/18/2023 - MOOT

PURSUANT TO PLAINTIFF'S NOTICE OF DISMISSAL WITHOUT PREJUDICE OF DEFENDANT JULIE ALJABI, RN, FILED 09/26/23, ALL CLAIMS IN THE ABOVE CAPTIONED MATTER HAVE BEEN DISMISSED WITHOUT PREJUDICE AS TO DEFENDANT JULIE ALJABI, RN, ONLY. ALL OTHER CLAIMS AGAINST ALL OTHER DEFENDANTS REMAIN PENDING. PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES, THE METHOD OF SERVICE, AND THE COSTS ASSOCIATED WITH THIS SERVICE. NOTICE ISSUED

CASE MANAGEMENT CONFERENCE HELD 04/12/23. ALL PARTIES WERE PRESENT. THE FOLLOWING DATES ARE TO APPLY TO THIS MATTER: ALL PAPER DISCOVERY TO BE COMPLETED BY 08/10/23. PLAINTIFF'S EXPERT REPORT DUE BY 08/31/23. DEFENDANT'S EXPERT REPORT DUE BY 10/13/23. DISPOSITIVE MOTIONS DUE BY 10/27/23. BRIEFS IN OPPOSITION AND REPLIES, IF ANY, DUE BY RULE. FINAL PRETRIAL SET FOR 01/18/24 AT 1:00PM. FINAL PRETRIAL STATEMENTS DUE 7 DAYS PRIOR. FPT STATEMENTS SHOULD BE E-MAILED TO THE STAFF ATTORNEY AT ILOVING@CUYAHOGACOUNTY.US. ALL PARTIES ARE TO BE PRESENT, IN PERSON, AT THE FINAL PRETRIAL. ALL PARTIES WITH ULTIMATE SETTLEMENT AUTHORITY MUST BE PRESENT, IN PERSON. TELEPHONE APPEARANCE IS NOT PERMITTED FOR ANY REASON. TRIAL SET FOR 02/26/23 AT 10:00 AM. AN AGREED UPON SET OF JURY INSTRUCTIONS, INTERROGATORIES, VERDICT FORMS, AND STATEMENT OF THE CASE TO BE READ TO PROSPECTIVE JURORS ARE DUE 7 DAYS PRIOR TO TRIAL. ANY INSTRUCTIONS THAT THE PARTIES CANNOT AGREE UPON SHALL BE SUBMITTED SEPARATELY. COPIES SHALL BE SUBMITTED IN MICROSOFT WORD FORMAT BY EMAIL TO THE STAFF ATTORNEY AT ILOVING@CUYAHOGACOUNTY.US. TRIAL BRIEFS, WITNESS LISTS, AND EXHIBIT LISTS ARE DUE 7 DAYS PRIOR TO TRIAL. EXHIBITS SHALL BE LABELED AND MARKED BEFORE TRIAL. COURTESY COPIES OF EXHIBITS TO BE GIVEN TO THE COURT ON THE DAY OF TRIAL. EACH PARTY SHALL INCLUDE AS ONE OF THEIR EXHIBITS THE CURRICULUM VITAE OF ANY EXPERT(S) THAT MAY BE CALLED TO PRESENT EVIDENCE OR TESTIMONY AT TRIAL FOR THE USE OF COURT. ANY PARTY WISHING TO PROFFER DEPOSITION TESTIMONY (VIDEOTAPE AND WRITTEN) AT TRIAL SHALL FILE A LIST OF ALL DEPOSITION TRANSCRIPTS THAT ARE TO BE UTILIZED AT TRIAL AT LEAST FOURTEEN (14) DAYS BEFORE TRIAL. OBJECTIONS TO TESTIMONIAL DEPOSITIONS THAT REQUIRE RULINGS FROM THE COURT SHALL BE SUBMITTED AT LEAST SEVEN (7) DAYS PRIOR TO TRIAL. COUNSEL PROPOSING TO USE SAID DEPOSITION SHALL FILE A RESPONSE TO THE OBJECTIONS OR INDICATE THEIR AGREEMENT TO DELETE THE PORTION OF THE DEPOSITION FOR WHICH THERE IS AN OBJECTION THREE (3) DAYS BEFORE TRIAL. THE COURT MUST BE PROVIDED WITH A COMPLETE WRITTEN TRANSCRIPT OF THE DISPUTED DEPOSITIONS. FAILURE OF ANY PARTY TO SUBMIT OBJECTIONS SHALL RESULT IN WAIVER OF ALL OBJECTIONS. MOTIONS IN LIMINE MUST BE FILED NO LATER THAN 14 DAYS PRIOR TO TRIAL. ANY BRIEFS IN OPPOSITION TO MOTIONS IN LIMINE ARE DUE 7 DAYS PRIOR TO TRIAL. REPLY BRIEFS IN SUPPORT OF MOTIONS IN LIMINE BY LEAVE OF COURT ONLY. UNTIMELY MOTIONS WILL NOT BE CONSIDERED OR ACCEPTED. ALL PARTIES ARE TO NOTE THAT A PERSON WITH ULTIMATE SETTLEMENT AUTHORITY MUST BE PRESENT, IN PERSON, FOR ALL SET DATES. NO EXCEPTIONS AND NO TELEPHONE APPEARANCE PERMITTED FOR ANY REASON. FAILURE TO APPEAR AT ANY SET DATE WILL RESULT IN JUDGMENT BEING RENDERED OR DISMISSAL WITH PREJUDICE PURSUANT TO CIV. R. 41(B) AS WELL AS POSSIBLE SANCTIONS. IT IS SO ORDERED. NOTICE ISSUED

REPLY BRIEF FILED BY P1 ANDREW HARBAUGH ERIC HENRY 0086750 PLAINTIFF'S REPLY TO DEFENDANT'S BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND ITS PLEADING TO FILE SUPPLEMENTAL AFFIDAVIT OF MERIT AND RENEWED MOTION TO DISMISS

NOTICE FILED BY P1 ANDREW HARBAUGH ATTORNEY ERIC HENRY 0086750 PLAINTIFF'S NOTICE OF DEFENDANT JULIE ALJABI, RN'S WAIVER OF SERVICE

PLAINTIFFS' MOTION FOR CASE MANAGEMENT CONFERENCE TO ADDRESS CASE SCHEDULE, FILED 06/12/2023, IS GRANTED SOLELY AS IT RELATES TO THE REQUEST TO SET A CONFERENCE WITH THE COURT. PARTIES ARE ON NOTICE THAT AT THE TIME OF ISSUING THIS RULING, THE COURT HAS NOT CONSIDERED ANY OF THE DISCOVERY ISSUES RAISED IN THE MOTION. PARTIES ARE TO WORK COLLABORATIVELY IN RESOLVING ALL POTENTIAL DISCOVERY DISPUTES PRIOR TO REQUESTING COURT INTERVENTION. PARTIES SHALL CONFER REGARDING THEIR AVAILABILITY FOR A TELEPHONE STATUS CONFERENCE. WITHIN (5) DAYS OF THIS ORDER PLAINTIFF'S COUNSEL SHALL NOTIFY THE STAFF ATTORNEY OF THE PARTIES' AVAILABILITY FOR A TELEPHONE STATUS CONFERENCE TO DISCUSS THE DISCOVERY DEADLINE. IT IS SO ORDERED. NOTICE ISSUED

BRIEF IN OPPOSITION FILED BY P1 ANDREW HARBAUGH ERIC HENRY 0086750 PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT DR. TUSHAR SHAH'S DISCOVERY MOTION TO PROPOUND ADDITIONAL INTERROGATORIES

MOTION TO DISMISS FILED MOTION TO DISMISS ON BEHALF OF DEFENDANT JULIE ALJABI RN 08/21/2023 - DENIED

NOTICE FILED BY DEFENDANT(S) SOUTHWEST GENERAL(D1), SOUTHWEST GENERAL HEALTH CENTER(D2), SOUTHWEST GENERAL MEDICAL GROUP, INC.(D3), UNIVERSITY HOSPITALS HEALTH SYSTEM, INC.(D4), UNIVERSITY HOSPITALS MEDICAL GROUP, INC.(D5) and JULIE ALJABI(D8) ATTORNEY BRET C PERRY 0073488 NOTICE OF DEPOSITION ON BEHALF OF DEFENDANTS, SOUTHWEST GENERAL, SOUTHWEST GENERAL HEALTH CENTER, SOUTHWEST GENERAL MEDICAL GROUP, INC., UNIVERSITY HOSPITALS HEALTH SYSTEM, INC., UNIVERSITY HOSPITALS MEDICAL GROUP, INC. AND JULIE ALJABI, R.N.

NOTICE OF DEPOSITION OF P1 ANDREW HARBAUGH FILED PLAINTIFF'S NOTICE OF VIDEOTAPED DEPOSITION OF DEFENDANT JULIE ALJABI, RN

NOTICE OF DEPOSITION OF P1 ANDREW HARBAUGH FILED PLAINTIFF'S AMENDED NOTICE OF VIDEOTAPED DEPOSITION OF DEFENDANT DR. TUSHAR SHAH

NOTICE OF DEPOSITION OF P1 ANDREW HARBAUGH FILED PLAINTIFF'S NOTICE OF VIDEOTAPED DEPOSITION OF DEFENDANT DR. TUSHAR SHAH

NOTICE OF DEPOSITION OF D7 TUSHAR SHAH FILED DEFENDANT TUSHAR SHAH M.D.'S NOTICE OF DEPOSITION OF DEFENDANT JULIE ALJABI RN

STATUS CONFERENCE HELD 07/19/23. ALL PARTIES PRESENT THROUGH COUNSEL TO DISCUSS THE STATUS OF DISCOVERY, INCLUDING REQUESTED AND NOTICED DEPOSITIONS. IT IS ORDERED THAT COUNSEL SHALL PROVIDE THEIR AVAILABILITY AND THE AVAILABILITY OF THEIR WITNESSES FOR DEPOSITION BY CLOSE OF BUSINESS 07/24/23. FAILURE TO DO SO MAY RESULT IN SANCTIONS, INCLUDING ANY SANCTIONS AUTHORIZED UNDER CIV.R. 37. IT IS FURTHER ORDERED THAT WITHIN 10 DAYS OF THIS ORDER PLAINTIFF AND DEFENDANT SHAH SHALL MEET AND CONFER REGARDING THEIR DISPUTE AS IT RELATES TO THE INSURANCE POLICY AT ISSUE AND ANY PRIVILEGE LOG AND/OR PRIVILEGED DOCUMENTS. IT IS EXPECTED THAT THE PARTIES MAKE REASONABLE ATTEMPTS TO RESOLVE DISCOVERY DISPUTES WITHOUT THE COURT'S INVOLVEMENT. THE PARTIES SHALL MEET AND CONFER REGARDING ALL DISCOVERY DISPUTES. IF, AFTER THE PARTIES MEET AND CONFER, THEY ARE UNABLE TO RESOLVE THEIR DISPUTE, PARTIES SHALL EMAIL THE STAFF ATTORNEY AT ILOVING@CUYAHOGACOUNTY.US PRIOR TO FILING ANY DISCOVERY RELATED MOTION(S), INCLUDING ANY MOTION(S) TO COMPEL. FAILURE TO MEET AND CONFER AND/OR FAILURE TO CONTACT THE STAFF ATTORNEY PRIOR TO FILING A DISCOVERY MOTION WILL RESULT IN DENIAL OF SAME. ALL DATES REMAIN AS SET. IT IS SO ORDERED. NOTICE ISSUED

PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AFFIDAVIT OF MERIT AS TO DEFENDANT JULIE ALJABI, RN, IS HEREBY GRANTED. THE AFFIDAVIT OF MERIT AUTHORED BY DR. SEAN GREENHALGH AND ATTACHED TO PLAINTIFF'S MOTION FOR LEAVE IS HEREBY DEEMED FILED. THE FILING OF THE AFFIDAVIT OF MERIT EFFECTIVELY MOOTS THE DEFENDANT JULIE ALJABI, RN'S, PENDING MOTION TO DISMISS. DEFENDANT SHALL FILE AN ANSWER WITHIN 14 DAYS OF THIS ORDER. ASSUMING, HOWEVER, DEFENDANT INTENDS TO INTERPOSE A MOTION TO DISMISS SIMILAR TO THOSE ALREADY FILED, AS IT RELATES TO THE AFFIDAVIT OF MERIT AUTHORED BY DR. SEAN GREENHALGH, SAID MOTION SHALL BE FILED WITHIN 14 DAYS OF THIS ORDER. IT IS SO ORDERED. NOTICE ISSUED

BRIEF IN OPPOSITION FILED BY P1 ANDREW HARBAUGH ERIC HENRY 0086750 PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT ALJABI'S MOTION TO DISMISS

NOTICE OF DEPOSITION OF DEFENDANT(S) SOUTHWEST GENERAL(D1), SOUTHWEST GENERAL HEALTH CENTER(D2), SOUTHWEST GENERAL MEDICAL GROUP, INC.(D3), UNIVERSITY HOSPITALS HEALTH SYSTEM, INC.(D4), UNIVERSITY HOSPITALS MEDICAL GROUP, INC.(D5) and JULIE ALJABI(D8) FILED NOTICE OF DISCOVERY DEPOSITION OF ANDREW HARBAUGH WITH DUCES TECUM

ANSWER FILED BY DEFENDANT(S) SOUTHWEST GENERAL(D1), SOUTHWEST GENERAL HEALTH CENTER(D2), SOUTHWEST GENERAL MEDICAL GROUP, INC.(D3), UNIVERSITY HOSPITALS HEALTH SYSTEM, INC.(D4) and UNIVERSITY HOSPITALS MEDICAL GROUP, INC.(D5) ATTORNEY BRET C PERRY 0073488 ANSWER TO THE COMPLAINT OF PLAINTIFF ON BEHALF OF DEFENDANTS SOUTHWEST GENERAL, SOUTHWEST GENERAL HEALTH CENTER, SOUTHWEST GENERAL MEDICAL GROUP, INC., UNIVERSITY HOSPITALS HEALTH SYSTEM, INC. AND UNIVERSITY HOSPITALS MEDICAL GROUP, INC.

ANSWER FILED BY DEFENDANT(S) SOUTHWEST GENERAL(D1), SOUTHWEST GENERAL HEALTH CENTER(D2), SOUTHWEST GENERAL MEDICAL GROUP, INC.(D3), UNIVERSITY HOSPITALS HEALTH SYSTEM, INC.(D4) and UNIVERSITY HOSPITALS MEDICAL GROUP, INC.(D5) ATTORNEY BRET C PERRY 0073488 ANSWER TO THE FIRST AMENDED COMPLAINT OF PLAINTIFF ON BEHALF OF SOUTHWEST GENERAL, SOUTHWEST GENERAL HEALTH CENTER, SOUTHWEST GENERAL MEDICAL GROUP, INC., UNIVERSITY HOSPITALS HEALTH SYSTEM, INC. UNIVERSITY HOSPITALS MEDICAL GROUP, INC. AND JULIE ALJABI

NOTICE FILED BY DEFENDANT(S) SOUTHWEST GENERAL(D1), SOUTHWEST GENERAL HEALTH CENTER(D2), SOUTHWEST GENERAL MEDICAL GROUP, INC.(D3), UNIVERSITY HOSPITALS HEALTH SYSTEM, INC.(D4) and UNIVERSITY HOSPITALS MEDICAL GROUP, INC.(D5) ATTORNEY BRET C PERRY 0073488 NOTICE OF WITHDRAWAL OF COUNSEL AND NOTICE OF APPEARANCE OF ADDITIONAL COUNSEL ON BEHALF OF DEFENDANTS SOUTHWEST GENERAL, SOUTHWEST GENERAL HEALTH CENTER, SOUTHWEST GENERAL MEDICAL GROUP, INC., UNIVERSITY HOSPITALS HEALTH SYSTEM, INC., UNIVERSITY HOSPITALS MEDICAL GROUP, INC. AND JULIE ALJABI, R.N.

MOTION FILED FOR P1 ANDREW HARBAUGH ERIC HENRY 0086750 PLAINTIFF'S MOTION TO STRIKE DEFENDANT ALJABI'S REPLY IN SUPPORT OF HER MOTION TO DISMISS 08/14/2023 - GRANTED

08/22/23: THE PARTIES DO NOT AGREE AS TO WHICH PARTY HAS THE RIGHT TO LEAD THE DEPOSITIONS OF DEFENDANT SHAH AND DEFENDANT ALJABI. PLAINTIFF SEEKS CLARIFICATION FROM THE COURT. PLAINTIFF SEEKS TO CONDUCT DISCOVERY DEPOSITIONS OF TWO INDIVIDUALLY NAMED DEFENDANTS, SHAH AND ALJABI. PLAINTIFF INITIALLY REQUESTED DEPOSITION DATES FROM DEFENSE COUNSEL. AFTER THE PARTIES WERE UNABLE TO COORDINATE DATES, PLAINTIFF NOTICED BOTH DEPOSITIONS. PLAINTIFF CONTACTED THE COURT REQUESTING A STATUS CONFERENCE TO DISCUSS SETTING DEPOSITIONS. AFTER THE STATUS CONFERENCE AND PURSUANT TO COURT ORDER, THE PARTIES EXCHANGED DATES. THEREAFTER, DEFENDANT ALJABI NOTICED THE DEPOSITION OF DEFENDANT SHAH AND DEFENDANT SHAH NOTICED THE DEPOSITION OF DEFENDANT ALJABI. GIVEN THE RECORD FACTS, IT IS ORDERED, ADJUDGED, AND DECREED THAT: (1) THE DEPOSITION OF DEFENDANT SHAH SHALL PROCEED ON 08/24/23 AT 10:00AM AT THE LAW OFFICES OF REMINGER, CO., LPA; (2) THE DEPOSITION OF DEFENDANT ALJABI SHALL PROCEED ON 08/28/23 AT 10:00AM AT THE LAW OFFICES OF BONEZZI SWITZER POLITO & PERRY CO. LPA; (3) THE PARTIES ARE FREE TO CHANGE THE START TIME OR LOCATION OF THE DEPOSITIONS IF THEY ARE ALL IN AGREEMENT; (4) PLAINTIFF WILL "TAKE THE LEAD" ON THE DEPOSITIONS OF DEFENDANT SHAH AND DEFENDANT ALJABI. THIS MEANS THAT PLAINTIFF WILL BE THE FIRST PARTY TO ASK QUESTIONS OF THE DEPONENT; AND (5) AFTER PLAINTIFF FINISHES QUESTIONING THE DEPONENT, DEFENSE COUNSEL CAN CONDUCT THEIR EXAMINATION. PARTIES ARE REMINDED THAT THEY ARE TO WORK COLLABORATIVELY IN RESOLVING ALL DISCOVERY DISPUTES PRIOR TO REQUESTING COURT INTERVENTION. COUNSEL IS ALSO REMINDED THAT THEY ARE TO ABIDE BY ALL OHIO CIVIL RULES, LOCAL RULES, AND RULES OF PROFESSIONAL CONDUCT IN THEIR INTERACTIONS WITH ONE ANOTHER AND THE COURT. THE PARTIES ARE TO CONTACT THE STAFF ATTORNEY AT 216-443-8615 FOR ANY ISSUES THAT ARISE DURING THE ABOVE-REFERENCED DEPOSITIONS. ANY FAILURE TO COMPLY WITH ANY PART OF THIS ORDER WILL BE APPROPRIATELY SANCTIONED PURSUANT TO CIV.R. 37, AND MAY RESULT IN THE IMPOSITION OF ANY ONE OR MORE OF THE SANCTIONS, UP TO AND INCLUDING EVIDENTIARY AND DISPOSITIVE SANCTIONS, ENUMERATED UNDER CIV.R. 37(B)(1)(A) THROUGH (G). IT IS SO ORDERED. NOTICE ISSUED

MOTION TO DISMISS FILED MOTION TO DISMISS COUNT ONE OF PLAINTIFF'S AMENDED COMPLAINT ON BEHALF OF NEW PARTY DEFENDANT JULIE ALJABI RN

MOTION TO DISMISS FILED MOTION TO DISMISS ON BEHALF OF DEFENDANT JULIE ALJABI RN